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Will Kagan Defend Her Discrimination Against the Military?

Senators and the public are eager to know....

11:09 AM, May 12, 2010 • By WILLIAM KRISTOL
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The issue of Elena Kagan’s discrimination, as Harvard Law School dean, against the military—and her (and her predecessor’s) blaming of the military for a congressional/presidential policy choice—has provoked an uncommonly strong response from the Hill, and from TWS readers.

Here are two somewhat representative e-mails we received from readers:

“The position of the law deans is fascinating. I assume that they are taking the position that the military should refuse to follow Congressional and Presidential directives and commands when the generals disagree with them. That's a path I sure don't like.  And I doubt that many respectable deans of American law schools like the position much either.”

“It would be great if we in the military could just refuse to defend and protect those (the Harvard deans) that hold the military in such disdain.  Of course, the military is what protects their right to run their mouths.”

I'm sure Dean Kagan and her team are working hard to construct her defense on this issue. Or will she decide to say that, upon reconsideration, she regrets her decision?

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